The following individuals are not required to participate in EF component activities:
A dependent child age 16, 17, or 18 who is a full-time student and regularly attending an elementary or secondary school, or the equivalent level of vocational or technical school; or a dependent child age 16 or 17 who is a full-time student and regularly attending college. For more information, see 468 NAC 2-007.
Note: If the child is enrolled full time for the next school term, s/he is exempt and the case manager must verify the child's attendance in the first month of the school term. If the child quits school, s/he loses this exemption and does not regain it even if s/he returns to school.
Has an illness or injury serious enough to temporarily prevent the individual from entering employment or participating in another EF component activity(ies) for up to three months. The illness or injury must be evaluated in the context of activities available through the Employment First program.
As an example, a broken limb would not automatically qualify an individual
for this exemption. An
individual under doctor's order for restricted activities following surgery
could be considered for a temporary exemption. Each
exemption should be determined on an individual yet consistent basis.
Exemptions for illness or injury in excess of three months must be reviewed
for possible determination of incapacity.
A referral to the State Review Team (SRT) for a determination of incapacity
must be made as soon as the case manager anticipates that the illness
or injury may exceed three months
For procedures on making a decision on short-term exemptions and making a referral to SRT, see 468-000-336.
The individual becomes non-time limited for the period of time s/he qualifies for this temporary exemption.
Is incapacitated with a medically determinable physical or mental impairment which, by itself or in conjunction with age, prevents the individual from entering employment or participating in another EF component activity(ies) and which is expected to exist for a continuous period exceeding three months. The incapacity must be evaluated in the context of activities available through the Employment First program.
A referral to the State Review Team (SRT) for a determination of incapacity must be made for long term exemptions (longer than three months).
For procedures for determining incapacity and making a referral to SRT, see 468-000-336.
The individual becomes non-time limited for the period of time s/he qualifies for this exemption.
The case manager must refer the individual to Vocational Rehabilitation
using Form IM-2.
The case manager must refer the individual to the Social Security Administration
to apply for disability (SSDI and/or SSI).
The case manager must develop an individualized service plan with the individual who qualifies for exemption 2a or 2b, see 468 NAC 2-020.02D.
A parent who is needed in the home on a continuous basis to provide care for a disabled family member living in the home who does not attend school on a full-time basis and no other appropriate member of the household is available to provide the needed care. There must be medical documentation and a signed statement from a licensed medical professional to support the need for the parent to remain in the home to care for the disabled family member. The disability of the family member being cared for must be evaluated periodically, depending on the diagnosis and prognosis for recovery, in order to determine if the parent is still needed in the home to provide care for the disabled family member.
The individual that meets this exemption criteria becomes non-time limited for the period of time s/he qualifies for this exemption.
If the disabled child has many medical appointments and school absences
due to his/her disability, and the parent may need to attend frequent
school appointments related to IDEA (Individual Development Education
Act) plan and be available for emergencies and classroom participation,
then the child who is enrolled in school on a full-time basis but who
has significant absences due to his/her disability can be classified as
not attending school on a full-time basis.
If the case manager needs assistance in determining if the individual
qualifies for this exemption, s/he should send a request for guidance
and supporting medical information to the EF Unit in Central Office.
A parent or needy caretaker relative, guardian or conservator of a child under the age of 12 weeks is not required to participate in EF and would be non-time limited for the period of time s/he qualifies for this exemption. This exemption can be extended if a written statement from the attending physician states that the parent requires additional postpartum recovery time, or special medical conditions of the child requires the presence of at least one parent or needy caretaker relative, guardian, or conservator.
In an ADC unit composed of a grandparent, a minor parent, and the minor's child, only the minor parent is eligible for this exemption. Only one parent in a two-parent household can qualify for this exemption.
Unavailability of appropriate and affordable formal child care arrangements.
It is the client’s responsibility to prove that s/he cannot obtain child care. For the definition of the reasons, see 468 NAC 2-020.02A.
The individual becomes non-time limited for the period of time s/he qualifies for this exemption.
8. A victim of domestic violence. A victim of domestic violence is defined as someone who is battered or subject to extreme cruelty. For an individual to qualify for this exemption, the case manager must determine that participation in EF would make it more difficult for the individual to escape domestic violence, would penalize the individual, or would put him/her at risk of further domestic violence. For more information, see 468 NAC 2-020.02C.
The individual becomes non-time limited for the period of time s/he qualifies for this exemption.
The case manager must develop an individualized service plan with the individual who qualifies for this exemption, see 468 NAC 2-020.02D.
The ADC record must contain documentation to substantiate the decision on each individual's exempt status.
An individual becomes mandatory to participate in the Employment First program the first of the month following the month in which s/he no longer qualifies for an exemption.
{10/31/09}
2-020.02A Definitions for Exemption Number 7
2-020.02B Review of Exempt Status